Cd 


3ltt  tt|r  Olourt  of  dlatms, 


The  Cherokee  Nation 

vs. 

The  United   States. 

The  Eastern  Cherokees 

vs. 

The  United   States. 


The  Eastern  and  Emigrant     "^ 


Cherokees  [  ^.^ 

yho.  23212. 


vs. 


The  United   States.  J 


Abstract  of  Decree  of  May  28,  1906,  as  modified  by  the 
order  of  April  29,  1907. 

These  consoHdated  causes  came  on  to  be  further  heard  upon 
the  motion  of  the  attorneys  for  the  Eastern  Cherokees  for 
the  modification  of  the  original  decree  of  May  18,  1905,  in 
accordance  with  the  mandate  of  the  Supreme  Court  of  the 
United  States  heretofore  presented ;  and  it  appearing  to  the 
court  that  by  the  said  mandate  it  is  provided  that  the  second 
subdivision  of  the  fourth  paragraph  of  the  said  decree  be 
modified  so  as  to  direct  the  distribution  of  the  fund  described 
in  item  two  of  the  said  decree  to  be  made  to  the  Eastern  Chero- 
kees as  individuals,  whether  east  or  west  of  the  Mississippi 
River,  parties  to  the  Treaties  of  1835-6  and  1846,  exclusive 


of  the  Old  Settlers,  it  is  therefore  so  ordered  and  decreed  this 
28th  day  of  May,  1906,  and 

This  cause  coming  on  to  be  heard  under  the  order  of  this 
court  of  March  5,  1907,  upon  the  reference  of  the  Secretary 
of  the  Interior  to  the  court  of  February  20,  1907,  and  upon 
the  petition  of  Henry  C.  Meigs  and  others,  filed  in  said  cause, 
and  the  court  having  heard  argument  and  considered  the  just 
rights  of  all  persons  in  interest ;  and  the  court  having  been  re- 
quested by  the  Secretary  of  the  Interior,  in  a  letter  bearing 
date  of  April  10,  1907,  to  provide  for  the  enrollment  of  the 
Eastern  Cherokees  and  the  distribution  of  the  fund  arising 
from  the  judgment  in  their  favor  under  the  direct  supervision 
and  authority  of  the  court,  and  a  prayer  to  this  effect  being 
contained  in  said  petition  of  Henry  C.  Meigs  and  others ;  it  is 
this  29th  day  of  April,  1907,  ordered  that  that  direction  of 
the  decree  of  the  court  of  May  28,  1906,  which  provides  that 
the  Secretary  of  the  Interior  shall  prepare,  or  cause  to  be  pre- 
pared, a  list  or  roll  of  all  persons  entitled  to  share  in  the 
fund  arising  from  said  decree,  and  to  make  distribution  of  said 
fund,  be,  and  the  same  is  hereby,  vacated. 

It  further  appearing  to  the  court  that  the  lands  disposed  of 
by  the  Eastern  Cherokees  under  the  Treaties  of  1835-6  and 
1846,  were  owned  by  them  as  a  community,  and  the  rights 
arising  under  said  treaties,  as  established  by  the  decree  of 
May  28,  1906,  accrued  to  the  said  Eastern  Cherokees  as  com- 
munal owners  of  said  land ;  and  it  further  appearing  from  the 
report  of  Special  Agent  Guion  Miller,  accompanying  the  ref- 
erence of  the  Secretary  of  the  Interior  of  February  20,  1907, 
above  referred  to,  that  a  per  stirpes  distribution  to  the  Eastern 
Cherokees  who  were  parties  to  the  Treaties  of  1835-6  and 
1846  is  impracticable;  it  is  therefore  further  ordered  that  the 
commissioner  hereinafter  named  shall  enroll,  as  entitled  to 
share  in  the  fund  arising  from  said  decree  of  May  28,  1906, 
all  such  individual  Eastern  Cherokee  Indians,  by  blood,  living 
on  May  28,   1906,  as  shall  establish  the  fact  that  they  were 


V) 


members  of  the  Eastern  Cherokee  Tribe  of  Indians  at  the  date 

of  the  Treaty  of  1835-6  and  1846,  or  are  descendants  of  such 

.,    persons,  and  who  shall  further  establish  the  fact  that  they  have 

not  been  affiliated  with  any  tribe  of  Indians  other  than  the 

Eastern  Cherokees  or  the  Cherokee  Nation;  provided  further 

that  said  persons,  pursuant  to  the  notices  of  the  Commissioner 

of  Indian  Affairs,  bearing  dates  of  August  20,  1906,  and  Feb- 

ruaiy   i,    1907,   have  filed  applications   for  a  share  of   such 

fund  with  the  Commissioner  of  Indian  Affairs,  or  shall  file 

such   applications   with   the  commissioner  hereinafter   named 

on  or  before  the  31st  day  of  August,  19^02. 

''^'^    , '  g'    When  the  roll  of  persons  entitled  to  participate  in  the  fund 

jfi , 'K'^all  have  been  made  by  the  said  commissioner,  as  hereinbefore 

provided,  it  shall  be  submitted  to  the  court  for  its  approval,      j j 

The  records  of  the  Department  of  the  Interior,  so  far  as  L 
they  relate  to  the  subject  matter  of  these  proceedings,  shall  be 
accepted  by  said  commissioner  as  a  part  of  the  record  of  this 
case,  and  all  matters  of  fact  ascertained  and  determined  by  the 
Secretary  of  the  Interior,  not  in  conflict  with  the  decrees  and 
orders  of  this  court,  shall  be  accepted  and  acted  upon  by  said 
commissioner  as  fully  and  correctly  established  and  deter- 
mined, except  where  it  may  be  shown  that  a  mistake  of  fact 
has  been  committed. 

It  is  further  ordered  that  Guion  Miller,  Esquire,  be,  and 
he  is  hereby  designated  and  appointed  as  special  commis- 
sioner of  this  court  to  prepare  a  roll  of  all  persons  entitled 
under  the  terms  and  conditions  of  the  decrees  and  orders  of 
this  court  to  share  as  Eastern  Cherokees  in  the  fund  arising 
from  the  decree  aforesaid.  Said  commissioner  shall  from  time 
to  time  proceed  to  such  points  in  the  United  States  as  he  may 
find  it  necessary  and  expedient  to  make  a  special  investiga- 
tion in  the  field,  and  shall  have  power  to  summon  witnesses, 
administer  oaths,  and  do  everything  needful  for  the  proper 
discharge  of  his  duties  as  herein  set  forth.  Said  commis- 
sioner  shall   receive,    in  addition   to   his   necessary   traveling 


expenses  when  engaged  in  investigation  in  the  field,  compen- 
sation at  the  rate  of  Three  Hundred  and  Fifty  Dollars  per 
month. 

Said  commissioner  shall  have  authority,  with  the  approval 
of  the  court,  to  employ  such  assistants  and  clerical  force  as 
may  be  found  necessary  and  pay  them  such  compensation  as 
shall  be  approved  by  the  court.  Such  assistants  when  so  au- 
thorized and  directed  by  the  said  special  commissioner,  shall 
in  like  manner  have  power  to  summon  witnesses,  administer 
oaths,  and  take  testimony  necessary  to  be  taken  in  the  premises. 

It  is  further  ordered  that  all  the  expenses,  incurred  in  car- 
rying into  effect  the  provisions  of  this  decree,  together  with 
the  expenses  already  incurred  in  making  publication  of  said 
order  of  March  5,  1907,  shall,  upon  the  proper  certificate  made 
under  oath  by  said  commissioner,  and  duly  approved  by  the 
court,  be  paid  by  the  Secretary  of  the  Treasury  out  of  the 
appropriation  made  by  the  act  of  Congress  of  June  30,  1906, 
to  pay  said  judgment  in  favor  of  the  Eastern  Cherokee  Indians. 
as  aforesaid. 


\^A.^ 


